COOPERATION AGREEMENT
BETWEEN THE TRUTH AND RECONCILIATION COMMISSION AND AD HOC
PROSECUTOR’S OFFICE

This document certifies the Cooperation
Agreement entered into on the one hand by the Truth and Reconciliation
Commission, hereinafter THE COMMISSION, created through Supreme
Decree N° 065-2001-PCM, complemented by Supreme Decree
N° 101-2001-PCM, represented by its President, Salomón
Lerner Febres, identified with DNI N° 08771655, appointed
to such position by Supreme Resolution N° 330-2001-PCM,
with legal domicile on Av. Salaverry 2802, district of San
Isidro, Lima, and on the other hand, the Ad-Hoc Public Prosecutor’s
Office, hereinafter THE PROSECUTOR’S OFFICE, represented
by the Ad-Hoc Public Prosecutor National Coordinator Luis Gilberto
Vargas Valdivia, identified with DNI N° 09163599, appointed
through Supreme Resolution N° 016-2002-JUS, with legal
domicile on Scipión Llona 350, Miraflores, Lima, in
the following terms and conditions:

FIRST: PARTIES TO THE AGREEMENT

PROSECUTOR’S OFFICE

Through Supreme Resolution N° 241, 241, 133-2000-JUS,
353, 354, 355 y 356-2001-JUS a team of Ad-Hoc Public Prosecutors
were appointed, as permanent and deputies. Also through
Supreme
Resolution N° 016-2001-JUS, Luis Gilberto Vargas Valdivia
was appointed to the Prosecutor position so that, representing
the State’s rights and interests, he establishes
the relevant, legal actions, intervenes in trials, preliminary
investigations and constitutional prosecution against former
President of the Republic Alberto Fujimori Fujimori, Vladimiro
Montesinos Torres and the other persons that may be involved
for crimes against public administration and other crimes
against
the State.

THE TRUTH AND RECONCILIATION COMMISSION

The Truth and Reconciliation Commission is a high level
organ created by the Executive Power through Supreme
Decree N° 065-2001-PCM
on June 4th, 2001, complemented by Supreme Decree N° 101-2001-PCM
on August 31st, 2001, aimed at clarifying the process,
facts and responsibilities of terrorist violence and
violation of
human rights produced from May 1980 to November 2000,
attributable both to terrorist organizations and to State
agents. It
also aims at proposing initiatives to strengthen peace
and concord
among Peruvians.

Through Ministry Resolution N° 212-2001-PCM,
Salomón
Lerner Febres, President of the Truth and Reconciliation
Commission was authorized to enter into cooperation agreements
with the
State’s powers, constitutionally autonomous institutions,
international technical and financial cooperation organisms,
as well as with any entity or company from the public
or private sector, provided that these are related with
the mandate conferred
upon it by Supreme Decree Nº 065-2001-PCM.

SECOND:
AGREEMENT OBJECTIVE

This agreement establishes the cooperation frame between
both institutions for the achievement of the following
general objectives:

a) Promoting the process of truth
clarification, the rule of law and redress for victims towards
the consolidation
of the
national reconciliation process and the strengthening
of
the constitutional democratic regime.
b) Promoting the effectiveness of Human Rights in
Peruvian society, especially emphasizing the restitution
of
violated rights as a consequence of the violence
which affected
our country

THIRD: COOPERATION AREAS

According to the agreement objective, the cooperation areas
are referred to the following subjects:

1. Handling of Information THE PROSECUTOR’S OFFICE and THE COMMISSION will mutually
collaborate with systematizing and handling all the information
they have related with the facts THE COMMISSION is charged
with clarifying, according to what is provided by Supreme Decree
N° 065-2001-PCM or the information THE COMMISSION has that
may be useful for the THE PROSECUTOR’S OFFICE’s
investigations, which may use it confidentially, respecting
the right to privacy of those involved as long as responsibilities
are not individualized, as well as with reserve concerning
the identity of witnesses and victims

This information includes complaints, investigations, testimonies,
victims lists, documentary material and other types of violation
of human rights cases or criminal acts, as well as bibliography
related with THE COMMISSION’S or THE PROSECUTOR’S
OFFICE’S work, and all the information that may be useful
to their investigation tasks. THE PROSECUTOR’S OFFICE
shall facilitate THE COMMISSION access to judicial files
related with investigations derived from crimes against human
rights
committed by the persons it investigates. To do so, by request
of THE COMMISSION, it shall submit the judicial appeals to
which it is entitled.

2. Investigations The parties
commit themselves to cooperate in developing the investigations
that both, as a consequence of the performance
of their work, must carry out. These investigations may also
be undertaken jointly or as supplement. Mutual collaboration
includes formulating suggestions and recommendations, as well
as absolving consultations formulated by any of the parties.

FOURTH:
SPECIFIC AGREEMENTS

Specific agreements can be reached according
to cooperation areas; these agreements shall establish their
scope, duration
and parties’ duties. Likewise, other cooperation areas
can be established through them, as well as their expansion.

FIFTH:
FUNDING

For the execution of the current agreement’s
objectives, the parties may request the necessary economic
and financial
support, be it public or private, national or international.

SIXTH:
AGREEMENT TERM

This agreement shall be effective from the
date it is signed and will be effective until July 13th, 2003,
unless any
of the parties communicates the other party in written
form and with one month’s notice, its intention of resolving
it.

SEVENTH: OPERATIONAL COORDINATORS

For the better compliance with this agreement’s objectives,
the following operational coordinators are appointed:

This agreement is based upon the parties’ good faith.
Hence, any controversies that could come up regarding interpretation,
execution or non-compliance, shall be resolved by agreement
of the parties. Both parties point out as legal domicile
the one mentioned in the introduction of this document.

In
conformity with the contents and scope of this agreement,
the parties sign it in two equally valid copies in Lima
on the 1st day of April, 2002.